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(영문) 서울남부지방법원 2020.01.23 2019고단5273
전자금융거래법위반
Text

Defendant shall be punished by a fine of four million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall, in using and managing a means of access, borrow or lend the means of access or keep, deliver or distribute the means of access while demanding, promising compensation therefor.

Nevertheless, around June 25, 2019, the Defendant: (a) received a proposal from a person who misrepresented the “B” of an employee in the liquor distribution business to “B” as a tax issue in the liquor distribution business; (b) received a proposal from the Defendant, “B” and then sent a physical card, which is connected with the F Association account, to a person who is not entitled to receive the payment of liquor as a tax issue; and (c) accepted the proposal, “on the basis of the loan, KRW 1 million,000,000,000,000,000,000,000,000,0000,000,000,0000,000,000,0000,000,000,000,000,

As a result, the Defendant promised to pay for, lent the means of access for electronic financial transactions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A detailed statement of deposit;

1. Data response to financial data;

1. Application of Acts and subordinate statutes to data submitted by a suspect (c dialogue content and copies of bankbooks);

1. Relevant Article 49(4)2 of the Electronic Financial Transactions Act and Articles 6(3)2 and 6(3)2 of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The act of lending the means of access for sentencing under Article 334(1) of the Criminal Procedure Act provides the so-called large passbook which is exploited as means of various crimes, such as Bosing fraud, tax evasion, gambling, etc. The crime of serious social harm is actually committed, the means of access leased by the defendant was used in the crime of Bosing fraud, and the victim actually committed the crime of using the means of access. However, the defendant has the attitude of recognizing the mistake and reflectness, and other records and trials such as the defendant's age, character and behavior, environment, criminal records, motive, means and consequence of the crime, etc.

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